holding that the right not to be tried while incompetent is fundamental in juvenile proceedings
How later courts described this case
- holding that the right not to be tried while incompetent is fundamental in juvenile proceedings
- reversing court's finding of competency where the reports and testimony of expert witnesses "muddled" incorrect standards of law and inappropriate judgments about moral responsibility.
- stating juveniles have fundamental right not to be tried while incompetent
Written by the judges who cited it.
The opinion
Grady, Judge,
concurring:
I am completely in accord with Judge Young’s well-reasoned opinion. I write separately only to point out that the magistrate’s decision appears to have been affected by considerations of the cost involved in securing the treatment for Nicholas that a finding of incompetency would require. If so, that is wholly
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improper. R.C. 2945.38 sets out the procedures required in that event. If costs must be paid by the committing authority, it may look to other agencies to share in that cost, but it cannot reject the alternatives provided because of the costs involved.